Divorce Motions

Divorce motions are those requested to provide a temporary solution to the issues that arise in divorce. If the court decides the party’s requests are legitimate, the divorcing couple will be seen in court to discuss their side of the case. There are dozens of motions that a couple may feel they need to bring up in court.The most common include:

  • Child Support – A temporary ruling will be essential immediately to protect the child’s best interest.
  • Health and Life Insurance – Most couples are on the same insurance policies. It is important to discuss how this insurance will be maintained without gaps in coverage.
  • Restraining orders – Many marriages come to violent or volatile ends. This common divorce motion should be immediately enacted to protect the safety of all involved.

Special courts will be responsible for the ruling on these issues. The rulings, however, are not permanent. Final decisions will be made in a divorce settlement.

Each case will be different. Every couple will have different concerns about their lives during divorce, therefore different issues may have to be addressed in the time before the divorce is finalized. Special circumstances may require the following motion requests:

  • Allowances
  • Vacating home(s)
  • Drug tests
  • Mental health evaluations
  • Legal fees
  • Continuance
  • Expedited hearing

Through these motions, a person may be able to drastically change both temporary rulings and a final divorce settlement. Several of these motions are related to a person finding just cause to discredit their partner, hopefully entitling them to less in the final divorce settlement. Positive drug tests and signs of mental instability will affect all areas of a settlement.

To learn more about common divorce motions, visit the website of the San Diego divorce attorneys at Fischer & Van Thiel, LLP.